Document review is the process of reviewing documents for relevance to a legal case. It is typically done by licensed attorneys and involves marking documents as “relevant” or “irrelevant.” The process has become easier with the advent of computer technology, but also involves reviewing a larger number of documents. Document review is often associated with ongoing litigation, but can also be done strategically by companies anticipating a lawsuit or investigation. Law firms may outsource document review to contract lawyers or maintain permanent document review departments.
The practice of reviewing documents to determine their relevance to the process is known as “document review,” commonly referred to in practice as “document review.” One of the essential elements of the process under the common law system is the ability of each party to seek out and review relevant documents held by the other. The parties gain access to these documents through the evidentiary discovery process, and each party’s attorneys then engage in document review to ascertain how useful a particular document is to the case. Attorneys also sometimes engage in document review of a client when that client, usually a business, is anticipating a lawsuit or investigation. Document review is generally considered a rather menial legal task and typically involves nothing more than marking a document as “relevant” or “irrelevant” and moving on.
The first document reviews consisted of lawyers, usually new associates, sifting through boxes of printed paper. The advent of computer technology has made printouts almost obsolete for the document review process. Most documents today are delivered electronically and are reviewed on computer screens. This has made the review process easier in some respects, but has also meant that many more documents are now involved. Typically, anything stored on corporate servers needs to be handed over during discovery, from official memos to trivial personal emails.
Most of the time, document review is associated with ongoing litigation. Law firms conduct document reviews under the Discovery Act for clients who are suing or have been sued. However, discovery can also be made strategically without proof. A company planning to sue another may want to do an internal review of the document to understand its responsibilities. Similarly, a company that expects to be sued, or that expects a federal investigation, can conduct a self-prescribed review to begin putting together a proper defense.
Document review in all jurisdictions must be handled by licensed attorneys. While the activity is little more than content scanning, it is an essential part of building a legal case and, as such, should be handled by competent professionals. However, there is no rule that attorneys performing document review services must be permanently associated with the firm.
Law firms that handle large corporate cases on a regular basis can get engulfed in document review. When millions of documents need to be reviewed, the process can take months and lawyers who might otherwise be able to work substantively on the case will be busy sorting out pertinent issues. One way that some firms have tried to remedy this is by maintaining legal outsourcing services for document reviews or by hiring contract lawyers to do the work for much less than an associate attorney’s salary.
An attorney who only performs document review is often known as a document review attorney. This attorney is not practicing law in any meaningful sense and is not participating in the case beyond selecting documents and marking those that may be relevant. He does not interact with customers or contribute in an original way to the process. Some firms have document review departments of permanent attorneys whose only job is document review, but more often these attorneys are hired on a part-time, contract basis, if not outsourced entirely. When the document review is done, their homework usually is as well.
Protect your devices with Threat Protection by NordVPN
